Juan Rejected on Re Vote

Zoo's plans rejected on commission re-vote; council appeal next

FOR THE REGISTER

SAN JUAN CAPISTRANO – A Planning Commission decision to allow additions at Zoomars Petting Zoo, including a fossil dig area, a replica Old West building facade and several shade structures, was effectively reversed on a tie vote by the panel Tuesday night after questions about the original resolution prompted a re-vote.

The commission voted 3-2 in February to approve the proposal with several conditions. But Deputy City Attorney Alisha Patterson said city staff, in writing the final resolution, recommended a re-vote to make sure the resolution would reflect what the commission approved.

JOSH FRANCIS, REGISTER FILE PHOTO

Zoomars Petting Zoo owner Carolyn Franks poses last summer in front of the zoo's 13-foot-tall apatosaurus replica with San Juan Capistrano artist Art Guevara, who is holding his painting of the dinosaur. Franks is appealing the San Juan Planning Commission's rejection of the statue to the City Council.

Commissioner Sheldon Cohen said Tuesday that because Neely was absent, it might be unfair to vote on the item. But Bill Ramsey, the city's assistant director of development services, said Zoomars owner Carolyn Franks requested a final vote. Commissioner Tim Neely, who voted in favor of the proposal the first time, was absent Tuesday, leading to a tie on the re-vote. A tie is considered a rejection.

Franks said Wednesday that she wasn't happy with the commission's conditions, and that appealing a rejection to the City Council is a better option for her.

At the commission's Feb. 12 meeting, it decided the plans should go before the city's Design Review Committee, that the location of the structures should be moved and that Franks should consult Juaneño Indian groups about the aesthetics of the reed hut.

"Every time I go back, it's like they keep requiring me to change my plans," Franks said. "My plan has now been so botched it's not even reflective of what I'm asking for."

The commissioners made no additional comments about the issue Tuesday.

WHAT'S NEXT?

Franks is taking both the proposed additions and the Planning Commission's rejection of the zoo's 40-foot-long dinosaur statue to the City Council on appeal. Both issues may go to the council April 2.

The Planning Commission twice has turned down Frank's attempts to gain approval for the replica apatosaurus that the zoo installed in June without city permits. On Jan. 8, the commission voted against allowing the dinosaur as part of a proposed prehistoric garden. The panel opted to vote on the zoo's other proposals separately.

Franks said she will seek to combine the appeals so that one council vote could determine the fate of the statue and the other structures.

If the council rejects the dinosaur appeal, the zoo would have 15 days to remove the statue or face fines.